Executive branch cannot limit jurisdiction of judiciary
In Kucana v. Holder , the U.S. Supreme Court held that federal appellate courts have the jurisdiction to review Justice Department and immigration court decisions not to reopen deportation proceedings. The 7th Circuit had held that it lacked jurisdiction to review the administrative determination, holding that 8 U. S. C. §1252(a)(2)(B)(ii) bars judicial review not only of administrative decisions made discretionary by statute, but also of those made discretionary by regulation.
The Court cited "separation of power concerns" in determining that the executive branch does not have the power to limit the jurisdiction of the judiciary.
The opinion, issued January 20, 2009, was authored by Ginsburg with all but Alito joining. Alito concurred on narrower grounds.
